The Americans with Disabilities Act (ADA) is a federal law which allows people with disability to be treated fairly and equally when they are applying for a job or promotion. It promises them of equal treatment and not being discriminated against in their place of work because of their condition.
Workers must keep in mind that they will not be considered as a disabled, and therefore, are not entitled to any of the advantages if they are not considered disabled. Disability must mean that:
- The person's health condition may be either a mental or a physical impairment which prohibits him from engaging in basic life activities such as learning, hearing, walking, or seeing
- The worker has a history of illness or disability like cancer
- The worker's condition is expected to last for more than six months or will be permanent even if he does not have the said impairment
If the above conditions are met, then, a worker can file a complaint alleging disability discrimination that has affected his performance at work and earnings.
Here are some tips and tricks in hiring a disabled worker:
- Provide reasonable accommodation. Employers should provide a better work environment for his disabled worker for as long as it would not cause undue hardships or would not negatively affect the operation of the company. The employer can provide a parking space near the building or a workplace that is accessible to the worker.
- Work out schedules. In order to better accommodate the treatments and medications for the condition of the worker, he and his employer can work out a schedule wherein he will still be able to do the job that he is hired to do without causing unnecessary hassle to the employer and the operation of the company.
- Never allow discrimination. The employer must make sure that the company has a clear cut policy regarding harassment and discrimination. This will further assure a disabled worker that those who will violate the said policy will be reprimanded. Also, there should be a department or personnel who will accommodate complaints of discrimination.
Employers who will violate provisions of ADA will have to face charges and be reprimanded for their actions.
As in any law, ADA, of course, has its limits. Employers are not forced to hire people with disability who are not competent enough to the job. They are able to choose the best candidate for the job position which means rejecting a less-qualified disabled worker.